Identifier
Created
Classification
Origin
09TEGUCIGALPA348
2009-05-13 00:38:00
CONFIDENTIAL
Embassy Tegucigalpa
Cable title:
ADMINISTRATIVE COURT AGREES TO HEAR SUIT AGAINST
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C O N F I D E N T I A L TEGUCIGALPA 000348
SIPDIS
E.O. 12958: DECL: 05/12/2019
TAGS: PGOV KDEM HO
SUBJECT: ADMINISTRATIVE COURT AGREES TO HEAR SUIT AGAINST
HONDURAN PRESIDENT'S PROPOSED REFERENDUM
REF: A. TEGUCIGALPA 339
B. TEGUCIGALPA 210
C. TEGUCIGALPA 215
Classified By: Ambassador Hugo Llorens, reason 1.4 (B & D)
C O N F I D E N T I A L TEGUCIGALPA 000348
SIPDIS
E.O. 12958: DECL: 05/12/2019
TAGS: PGOV KDEM HO
SUBJECT: ADMINISTRATIVE COURT AGREES TO HEAR SUIT AGAINST
HONDURAN PRESIDENT'S PROPOSED REFERENDUM
REF: A. TEGUCIGALPA 339
B. TEGUCIGALPA 210
C. TEGUCIGALPA 215
Classified By: Ambassador Hugo Llorens, reason 1.4 (B & D)
1. (U) In a ruling that pleased opponents of President
Zelaya's proposed referendum, known as the "Fourth Urn" on
convening a constituent assembly (reftels B and C),Judge
Jorge Alberto Zelaya of Honduras' "Administrative Court"
determined on May 12 that he would hear a suit against the
legality of the ballot, but stopped short of ordering the
suspension of GOH preparations for it. The suit was filed by
anti-corruption prosecutor Henry Salgado. Any appeal of the
Administrative Court's decision would go to the Appeals Court.
2. (U) Salgado commented shortly after the ruling was
announced that he and his supporters were very pleased with
the court's acceptance of the suit. He acknowledged that a
stay against further GOH action in support of the ballot
would necessarily be a separate process, and that he was
prepared to seek such a stay as the next step in halting the
ballot altogether.
3. (SBU) On the same day, attorney Mauricio Velasco of the
legal watchdog NGO PROJUSTICIA filed a petition to force
Supreme Court President Jorge Alberto Rivera Aviles to recuse
himself from any involvement in cases concerning the fourth
urn, based on statements Rivera made to the press last week.
Rivera told the press that the Constitution could not be
considered an obstacle to the Fourth Urn and that he as
President of the Supreme Court could not issue opinions in
possible cases of what might happen, until the acts actually
occur. Velasco and his NGO are highly respected, with a
reputation for impartiality and being politically neutral.
Many of the organization's most recent cases filed, however,
have been against the Zelaya government and its interests.
4. (C) Comment: Elite opposition to the poll is growing as
suspicion mounts that Zelaya's manipulation of the Fourth Urn
could trigger a constitutional crisis. Sixteen of the
remaining members of the original Constituent Assembly who
wrote the Constitution of 1982 have joined together and
formed a group to stop the Fourth Urn. Several other
well-known lawyers and political analysts have launched a
steady media effort questioning the legality of the Fourth
Urn. Former President Carlos Flores has told us that he and
his allies will mount a campaign to discredit the idea both
legally and constitutionally. Nevertheless, these complex
legalistic issues do not resonate well with the general
public, polls of which show wide support for a constituent
assembly, though little support for Zelaya continuing in
power. Recognizing this reality, National Party Presidential
candidate Porfirio "Pepe" Lobo has decided to support the
Fourth Urn, attempting to craft the referendum to limit a
constituent assembly's power (reftel A). End Comment.
LLORENS
SIPDIS
E.O. 12958: DECL: 05/12/2019
TAGS: PGOV KDEM HO
SUBJECT: ADMINISTRATIVE COURT AGREES TO HEAR SUIT AGAINST
HONDURAN PRESIDENT'S PROPOSED REFERENDUM
REF: A. TEGUCIGALPA 339
B. TEGUCIGALPA 210
C. TEGUCIGALPA 215
Classified By: Ambassador Hugo Llorens, reason 1.4 (B & D)
1. (U) In a ruling that pleased opponents of President
Zelaya's proposed referendum, known as the "Fourth Urn" on
convening a constituent assembly (reftels B and C),Judge
Jorge Alberto Zelaya of Honduras' "Administrative Court"
determined on May 12 that he would hear a suit against the
legality of the ballot, but stopped short of ordering the
suspension of GOH preparations for it. The suit was filed by
anti-corruption prosecutor Henry Salgado. Any appeal of the
Administrative Court's decision would go to the Appeals Court.
2. (U) Salgado commented shortly after the ruling was
announced that he and his supporters were very pleased with
the court's acceptance of the suit. He acknowledged that a
stay against further GOH action in support of the ballot
would necessarily be a separate process, and that he was
prepared to seek such a stay as the next step in halting the
ballot altogether.
3. (SBU) On the same day, attorney Mauricio Velasco of the
legal watchdog NGO PROJUSTICIA filed a petition to force
Supreme Court President Jorge Alberto Rivera Aviles to recuse
himself from any involvement in cases concerning the fourth
urn, based on statements Rivera made to the press last week.
Rivera told the press that the Constitution could not be
considered an obstacle to the Fourth Urn and that he as
President of the Supreme Court could not issue opinions in
possible cases of what might happen, until the acts actually
occur. Velasco and his NGO are highly respected, with a
reputation for impartiality and being politically neutral.
Many of the organization's most recent cases filed, however,
have been against the Zelaya government and its interests.
4. (C) Comment: Elite opposition to the poll is growing as
suspicion mounts that Zelaya's manipulation of the Fourth Urn
could trigger a constitutional crisis. Sixteen of the
remaining members of the original Constituent Assembly who
wrote the Constitution of 1982 have joined together and
formed a group to stop the Fourth Urn. Several other
well-known lawyers and political analysts have launched a
steady media effort questioning the legality of the Fourth
Urn. Former President Carlos Flores has told us that he and
his allies will mount a campaign to discredit the idea both
legally and constitutionally. Nevertheless, these complex
legalistic issues do not resonate well with the general
public, polls of which show wide support for a constituent
assembly, though little support for Zelaya continuing in
power. Recognizing this reality, National Party Presidential
candidate Porfirio "Pepe" Lobo has decided to support the
Fourth Urn, attempting to craft the referendum to limit a
constituent assembly's power (reftel A). End Comment.
LLORENS